McDuffie

Pacific Western Oil Co. v. McDuffie

Good Law
69 F.2d 208·1934 U.S. App. LEXIS 3489
United States Court of Appeals for the Ninth CircuitFebruary 13, 1934No. 7349California4,470 words

Opinion

Lead Opinion

Garrecht, J.

The appellant brings this appeal from an order made by tlie District Court denying the appellant's petition that Wm. C. McDuffie, as receiver of Richfield Oil Company of California, a corporation, be required to pay as a cost of operation of the receivership the appellant's claim of $1,070,768.43 due for oil and casing-head gasoline, which it had delivered to the corporation prior to the receivership.

For purposes of brevity we shall designate Pacific Western Oil Company as “appellant,” respondent Wm. C. McDuffie, receiver of Richfield Oil Company, as “receiver,” and the respondent corporation, Richfield Oil Company of California, as “Richfield.”

Appellant is a Delaware corporation, and was and is engaged in the production of oil and natural gas. Richfield, also a Delaware corporation, was principally engaged in the business of refining and distilling crude oil and in distributing and selling the derivatives thereof, up to January 15, 1931, when a receiver was appointed, and the receiver since has carried on the business.

Appellant’s petition alleges, and the answers admit, that under date of November 14, 1928, Richfield and appellant entered into a contract, a copy of which is…

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